How to Serve Child Custody Papers in California

What You Need to Know About Serving Child Custody Papers in California

Divorcing parents often navigate various processes when dealing with child custody issues. Here’s how to serve child custody papers in California.

This guide explains how a parent can ask for a custody and visitation order by filing a Request for Order Form, and serve child custody papers to the other parent. Depending on one’s situation, numerous forms may be required throughout the child custody process.

Child Custody Basics

Legal and physical custody are the two forms of custody for parents to consider. If a parent has legal custody over their minor child (under the age of 18), they are responsible for making decisions involving the child’s health, wellbeing, and education. Joint legal custody is an option, where both parents have access to information pertaining to their child’s education and health. Physical custody consists of the time children spend with each parent routinely. Joint physical custody can either be scheduled between the parents and a mediator or ordered by a judicial officer in court. There are also instances where parents are granted joint legal custody, but not physical custody, and vice versa.

When opening a family court case, it is important to consider the marital status of the child’s parents. If the parents are married or in a registered domestic partnership, the following cases can be opened to ask for child custody:

Divorce (or Dissolution of Marriage)
Legal Separation
Annulment

If the parents are not married, a Parentage (Paternity) case can be filed, where a judge will make the final decision. Once legal parentage is established, parents can pursue child custody orders.

Defining “Service” of Papers

According to the Judicial Branch of California, the party who chooses to begin the legal process must notify the other, and must do so through the service of papers. Within the context of child custody, the parent seeking custody has to serve copies of their filed paperwork to the other parent. A third person, known as the “server” or “process server,” will serve the papers from one parent to the other. A friend, family member, coworker, or local sheriff can fulfill this role, as long as they are 18 years or older and are not personally involved with the case at hand. If the parent hires a server, a fee may apply, especially if the server has to travel some distance. Once a server is selected, the parent filing for custody should provide them with a photo of the other parent, as well as a list of times and places where they can commonly be found.

Begin the Process with a Request for Order Form

According to the Superior Court of California, whether or not there is an existing or new case, a parent is required to file a Request for Order for a hearing on custody and visitation. The Request for Order notifies the other parent that they are being called to Court. The parent requesting orders can ask for temporary custody or visitation orders to be instituted, or to change the custody or visitation orders currently in place. Thirdly, emergency custody visitation orders can be requested upon the completion of additional forms. This paperwork can be filed at any point throughout a case, even if the parents’ divorce has already been finalized.

1. Fill out the Request for Order Form

The Request for Order (FL-300), as well as any optional forms that apply to the case, such as the Child Custody and Visitation Application Attachment (FL-311), or the Declaration (MC-030), should be completed. When completing the required paperwork, the same case name and number should be noted. All roles, such as “Petitioner” and “Respondent” will remain the same. The parent should make two copies of the completed forms, one for themself and one for the other parent. The original copy will be held by the Court.

2. File the Completed Forms and Request a Hearing Date

Upon completion of the forms, the parent should take the original and the additional two copies to the Clerk’s office and request a hearing date in Court. There may be a fee associated with filing these forms, but fee waiver packets are available at the Clerk’s office and online. Temporary orders (if provided) will be stamped by the Clerk at this time as well.

3, Serve the Child Custody Papers

At this point, the “server” or “process server” is required to deliver (or “serve”) the child custody papers. If a case already exists and the parent being served already has an attorney, their attorney will be served. It is important to note that child custody papers can be served in person or by mail. If the papers are served by mail in California, they must be sent to the other parent by first-class mail, with prepaid postage, and with a request for a return receipt. To ensure this process runs smoothly, keep in mind that service by mail can take 21 days or more. The Self-Help Center is available as a resource if the other parent is incarcerated or is not a California resident.

Below is a complete list of forms to ask for a custody and visitation order in California:

Request for Order (FL-300)
Child Custody and Visitation Application Attachment (FL-311)
Temporary Emergency (Ex Parte) Orders (FL-305)
Declaration Regarding Notice and Delivery of Request for Temporary Emergency (Ex Parte) Orders (FL-303)

Additionally, include a BLANK Responsive Declaration to Request for Order (FL-320) for the other parent to complete upon being served.

4. File the Original Proof of Service and Prepare for the Hearing

The original copy of the Proof of Personal Service (FL-330) should be filed with the Clerk’s Office before the hearing. This form will be completed by the server upon delivery of the documents. If the server cannot complete the Proof of Service in time, the filing parent should bring the original Request for Order and two additional copies to the hearing.

FAQs About Serving Child Custody Papers in California

What are other options available for parents when opening a child custody case?

The following cases can be opened whether the parents are married or not:

Domestic Violence Restraining Order, which requires the completion of the Request for Child Custody and Visitation Orders (DV-105) form, and potentially a Request for Order: No Travel with Children (DV-108) form.
Local Child Support Agency Case, once requirements of the case are met.
Petition for Custody and Support of Minor Children, where the court will decide custody and visitation orders.

Are there costs associated with filing child custody papers in California?

In accordance with California state law, there is a $435.00 fee required of a parent who is seeking to file for custody of their child/children who are under the age of 18. However, fee waiver packets are available through the local Court.

Can a parent file for child support when asking for a custody and visitation order?

The Income and Expense Declaration (FL-150) or the Financial Statement (Simplified) (FL-155) can be completed and used by a parent who wishes to ask for child support in addition to filing for a custody and visitation order. With either form, a copy of the parent’s pay stubs from the past two months may be required. If the parent is self-employed or owns rental property, a recent profit and loss statement needs to be submitted.

Contact Us

If you need assistance with serving child custody papers in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!